Lawsuit by widow of Upland real estate exec David Lewis loses on appeal

A federal appeals court has upheld an earlier ruling to dismiss a lawsuit filed by an Upland real estate executive’s widow who alleges that her husband’s suicide occurred after authorities failed to conduct a proper medical and psychological screening following his arrest more than three years ago.

The Ninth Circuit Court of Appeals issued its decision Monday in the lawsuit, which had named as defendants the California Highway Patrol, San Bernardino County Sheriff’s Department employees and District Attorney Michael A. Ramos.

Less than 12 hours after David Lewis, 36, was released from West Valley Detention Center in Rancho Cucamonga on June 21, 2010, he drove to his home in Las Vegas, then fatally shot himself with a rifle, according to the lawsuit filed by his widow, Rachel Lewis.

Lewis also alleges in her lawsuit, filed July 11, 2011, in West Valley Superior Court in Rancho Cucamonga, that her late husband suffered duress and was driven to suicide because he had been coerced by San Bernardino County prosecutors to participate in a criminal investigation of his own family. The investigation extended to David Lewis wearing a “concealed electronic recording device and other actions,” according to the lawsuit.

District Attorney spokesman Christopher Lee said Monday that David Lewis was never questioned by the District Attorney’s Office in any capacity, nor was he ever the subject of an investigation by the office, and as a result, he was never brought into the grand jury for questioning by the District Attorney’s office.

“David Lewis was a friend and I have the utmost respect for the Lewis family. They are well known as a reputable, ethical and law abiding business,” Ramos said in a statement Monday.

In a nine-page memorandum issued Monday, the Ninth Circuit determined that law enforcement officials did not violate Lewis’ civil rights and acted within the scope of their duty,

Advertisement

“In general, the government owes no due process duty to protect an individual from private action,” according to the Ninth Circuit Court memorandum, which didn’t address the alleged District Attorney’s Office investigation and Lewis’ alleged participation in it.

Lewis, 36, was suffering from bipolar disorder, was on medication and was suicidal when he was pulled over by the CHP officer on the southbound 15 Freeway on June 21, 2010, for erratic driving, according to the lawsuit. The officer searched Lewis’ car and should have noted there were books on suicide and firearms in the vehicle, as well as prescription medication containers to treat his “mental disability.”

Lewis was arrested and taken to West Valley Detention Center, where he was “put through a sham and inadequate medical screening,” booked and later released at 11:46 p.m., according to the lawsuit.

Lewis was found dead about 11 a.m. the next day at his Las Vegas residence of a single gunshot wound to the chest. The coroner ruled his death a suicide.

“Neither the arresting officer nor employees at the West Valley Detention Center conducted a proper medical and psychiatric screen on Lewis, and released him from custody the next day, when he fatally shot himself,” according to the lawsuit.

The Ninth Circuit determined that “erratic driving and materials in the car suggesting suicide are insufficient to plausibly allege that an officer conducting a routine DUI arrest was deliberately indifferent to a suicidal arrestee.”

Rachel Lewis’ attorney, Paul L. Mills, said Monday that the Ninth Circuit didn’t dispute any of the facts in the case, but determined the facts didn’t amount to anything illegal.

“If everything we allege in the complaint is lawful, people have a right to be scared in California,” Mills said.

Two options remain at the federal level, Mills said: Request another hearing before more circuit court judges or appeal to the U.S. Supreme Court. He has two weeks to decide, he said.

A wrongful death allegation included in the lawsuit is being heard in West Valley Superior Court because it is an alleged state, not federal, offense. But the Superior Court proceedings have been stayed pending completion of the federal proceedings.

Rachel Lewis named as her co-plaintiff in the lawsuit her son, Ralph Lewis, who was 19 months old at the time of his father’s suicide.

The county objected to the claims in the lawsuit that law enforcement acted indifferently toward David Lewis when he was arrested and showed a disregard for his well being, arguing that such claims were more suitable for the federal docket. The case was subsequently split between the state and federal courts.

“David’s passing was a tragic event many years ago,” said Randall Lewis, spokesman for the Lewis Group of Companies and David’s uncle. “These court proceedings are all being done by his widow not the rest of his family. We hope that David can rest in peace.”

He nor any member of his family have any knowledge of any criminal investigation nor have they been contacted by any law enforcement official regarding an investigation into the family, Randall Lewis said.

About the Author

Joe Nelson covers San Bernardino County for The Sun, Daily Bulletin and Redlands Daily Facts. Reach the author at joe.nelson@langnews.com
or follow Joe on Twitter: @sbcountynow.